In In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL 1720 (E.D.N.Y.), Nussbaum Law Group is interim co-lead counsel for a proposed class of millions of merchants nationwide who accept Visa and Mastercard payment cards. NLG is seeking changes in the payment networks’ rules. The case is currently in the midst of discovery, which is expected to continue through early 2018.
In In re Generic Pharmaceuticals Pricing Antitrust Litigation, MDL 2724 (E.D. Pa.), Nussbaum Law Group is one of four Court-appointed members of the Direct Purchaser Plaintiffs’ Steering Committee charged with the prosecution of class claims alleging wide-ranging price-fixing and market-rigging by multiple generic drug manufacturers. Paralleling an ongoing investigation by the Department of Justice and recently joined by 45 states’ Attorney Generals, the case so far implicates nearly 20 different generic drugs. Motion to dismiss briefing for six of the cases is expected to be complete by November 2017.
In In re Foreign Exchange Antitrust Litigation, No. 13-cv-7789 (S.D.N.Y.), Nussbaum Law Group is co-lead Allocation Counsel for a sub-class of exchange-only foreign currency traders, who were victimized by the price-fixing scheme of 16 of the world’s largest banks. In July of 2017, Class Plaintiffs moved for preliminary approval of settlements with 14 of those banks, totaling over $2.1 billion.
In Washington County Healthcare Authority, Inc. v. Baxter Int’l, Inc., No. 16-cv-10324 (N.D. Ill.), Nussbaum Law Group is co-lead counsel for a proposed class of health care providers and others who purchased IV saline solution directly from manufacturers who conspired to raise prices, in part by instigating and publicizing artificial shortages of the solution. In April of 2017—months after NLG and its co-counsel filed the case—the defendants disclosed that they had been served with subpoenas by the United States Department of Justice and the New York Attorney General pursuant to their investigation of defendants’ roles in the conspiracy.
In Adriana M. Castro, M.D., P.A. v. Sanofi Pasteur Inc., No. 11-cv-07178 (D.N.J.), Nussbaum Law Group is co-lead counsel for a certified class composed of nearly 30,000 medical practices, hospitals, and other healthcare providers who purchased Menactra meningococcal vaccines directly from Sanofi Pasteur Inc. The $61.5 million dollar settlement reached in that case is awaiting final court approval. The final fairness hearing is scheduled for October 3, 2017.
In In re Actos Direct Purchaser Antitrust Litigation¸ No. 15-cv-03278 (S.D.N.Y.), Nussbaum Law Group is a court-appointed interim co-lead class counsel for a proposed class of direct purchasers of Actos and Actoplus who allege they paid more for those products as a result of Defendants’ scheme to delay generic competition in the $3 billion per year Actos market. After an intervening related appeal, supplemental motion to dismiss briefing was completed in June 2017.
Nussbaum Law Group is one of only four firms representing class plaintiffs in separate actions against eight of the world’s largest banks, resulting from the banks’ use of “last look” algorithms to illegally reject and delay foreign currency trades. In July of 2017, Judge Lorna Schofield of the Southern District of New York approved a $50 million settlement with Barclays, which further provided for Barclays’ disclosure of information that led in part to plaintiffs’ recent filing of actions against six other banks. See Axiom Investment Advisors, LLC v. Barclays Bank PLC, No. 15-cv-9323 (S.D.N.Y.).
Nussbaum Law Group represents each of three daily traders in treasury bonds in In re Treasury Securities Auction Antitrust Litigation, MDL 2673 (S.D.N.Y.), in which plaintiffs allege that over two dozen of the world’s largest banks conspired to fix and manipulate the markets for a variety of marketable debt instruments sold by the United States Department of Treasury.
In In re American Express Anti-Steering Rules Antitrust Litig., MDL 2221 (E.D.N.Y.), Nussbaum Law Group is one of a small group of firms representing over a dozen major retail chains, in which plaintiffs allege that American Express’s “non-discrimination” rules effectively raise the fees that merchants pay for accepting all payment cards, and not just American Express cards. Discovery in the case is substantially completed, and plaintiffs are seeking to establish a trial date.
In In re Packaged Seafood Products Antitrust Litigation, MDL 2670 (S.D. Cal.), Nussbaum Law Group is counsel to supermarket chain direct action plaintiffs alleging that the principal manufacturers of shelf-stable packaged tuna—Bumble Bee, StarKist, and Chicken of the Sea—fixed the price of packaged tuna by, among other things, agreeing to reduce can sizes and coordinating price increases.
Linda Nussbaum served as co-lead counsel at her prior law firm, and Nussbaum Law Group maintains a significant role in In re London Silver Fixing, Ltd. Antitrust Litigation, MDL 2573 (S.D.N.Y.), in which plaintiffs allege that three of the world’s largest silver bullion banks and others conspired to fix the price of silver via daily, secret, and unregulated meetings. Plaintiffs have named five additional major banks as defendants for their roles in the conspiracy. In November of 2016, the court approved a preliminary settlement with Deutsche Bank, one of the three primary alleged conspirators, which provided for Deutsche Bank’s substantial cooperation in plaintiffs’ prosecution of the remaining defendants.
In In re Celebrex (Celecoxib) Antitrust Litigation, No. 14-cv-00361 (E.D. Va.), Nussbaum Law Group is counsel to a class of direct purchasers of Celebrex alleging damages of nearly $1 billion as a result of Pfizer’s fraud on the United States Patent and Trademark Office, which precluded its competitors from selling lower-priced generic versions of Celebrex. Summary judgment motions were fully briefed in July 2017. Trial is scheduled to commence in November 2017.